Lessons As Joint Employer Suits Shift From Rare To Routine

Law360

Two decades ago, joint employer disputes were an occasional flare-up. Courts generally relied on well-settled tests, and franchisors, management companies and affiliated entities could count on some measure of predictability. That world is gone.

In the wake of regulatory shifts, union campaigns and post-COVID-19 workforce upheaval, joint employer cases are now emerging at a remarkable pace. What was once an uncommon occurrence has become almost daily among federal court rulings — not to mention the steady stream of state court decisions.

Employers that once viewed joint employer allegations as rare should recognize that they are now part of the ordinary rhythm of litigation.

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